San Francisco native Ross William Ulbricht, 30, was
convicted on February 4, 2015 on charges stemming from the creation of Silk Road,
the multimillion dollar, bitcoin denominated marketplace for drugs and other
illegal items. The jury in a New York
federal court deliberated for a little over three hours before rendering guilty
findings on all seven charges against Ulbricht.

There is a wide range of opinions on the legality of Ulbricht's
alleged acts and the Manhattan courtroom had numerous Ulbricht supporters. They expressed outrage and displeasure after
the guilty verdict was announced. After
the jury left the room, one of Ulbricht's supporters shouted, "Ross is a hero!"
Another screamed, "It's not over Ross. We love you."

- Advertisement -

Included in those present to lend support was Ulbricht's
family. His mother, Lyn, left the
proceedings complaining that the defense had been barred from presenting
evidence that would have helped prove its claims that her son was a harmless,
college educated computer geek who was framed by others in a nebulous internet
world where nothing is quite as it appears.

Ulbricht's father, Kirk, professed his son's innocence in an
interview given before the jury's finding.
"I feel like I know Ross as well as a father can know a son. We were very close. We've heard many chat logs and conversations
between DPR (Dread Pirate Roberts, Ulbricht's alleged nom de guerre) and these
other people. DPR didn't talk like Ross
or write like Ross. It's just not Ross."

Sadly, his parent's disappointment may grow exponentially as
their son enters the sentencing phase of the proceedings, scheduled for May 15. Ulbricht was found guilty on all seven counts
which included drug trafficking, conspiracy to commit money laundering and
computer hacking. This exposes him to a
potential life sentence.

- Advertisement -

Ulbricht's actual sentence, however, will be calculated
under the federal Sentencing Guidelines, a much maligned hodgepodge of points,
levels, purportedly relevant factors and whimsy. The Sentencing Guidelines are often
criticized as being too severe, and greater than necessary to satisfy the
traditional sentencing goals of specific and general deterrence. Many observers have even gone so far to say
that the guidelines accomplish little more than retribution.

The guidelines have been the subject of frequent litigation
in U.S. federal courts. The United
States Supreme Court has issued a series of opinions clarifying the proper
application of the guidelines. In United States v. Booker, the Supreme
Court stuck down the mandatory feature of the Sentencing Guidelines as
unconstitutional, citing the Sixth Amendment right to a jury trial. The Court held that the sentencing range under
the guidelines could not constitute a mandatory sentence and instead can only
be a factor considered by courts in determining an appropriate sentence. Thus, after Booker, sentencing courts may only consider the applicable
guideline range as one of the numerous factors that guide sentencing. Arguably, the most significant effect of Booker is that while sentencing hearings
begin with a guideline calculation, other factors may be cited for significant
departures outside the calculated sentencing range. Prior to Booker,
sentences below the guideline range were almost automatically appealed by
the government and typically reversed.

What will likely prove to be significant for Ulbricht is the
use of relevant conduct in determining the correct guideline range. Relevant conduct can include acts for which a
defendant has never been charged, acts that are beyond the statute of
limitations and even acts for which the accused has been found not guilty. Sentencing defendants for acts in which they
have been acquitted has been a hot topic in legal circles for years, but has been
repeatedly affirmed by the U.S. Supreme Court.
Basically, being found to be not guilty of a specific charge in a U.S.
federal court is of very limited legal force.
This may seem counterintuitive and inconsistent with a legal system
repeatedly referred to as the "best in the world," but defendants in U.S.
federal courts are routinely sentenced for what are essentially nothing more
than allegations.

Relevant conduct aside, Ulbricht's sentence will be likely based
upon the total amount of drugs sold
through Silk Road. Sentencing Guidelines
calculations are greatly influenced by the real and sometimes even imagined
value of the crime. Sentencing in drug
cases is mainly based upon the weight of the drugs involved. Even though Ulbricht arguably sold no drugs
directly, the government will all but certainly successfully argue that as the
Silk Road's creator, administrator and facilitator, his sentence should be
based upon the weight and value of every illicit transaction.

Ulbricht's legal problems are not limited to his guilty
finding in federal court. He is also
facing a separate trial involving charges of murder for hire. Although these charges have yet to be proved,
they will likely figure prominently in calculating Ulbricht's ultimate
sentence. The U.S. Sentencing Commission
attempts to justify this with the following language:

- Advertisement -

" the guidelines must define the
scope of conduct beyond the elements of the offense of conviction from which
these aggravating and mitigating factors will be gleaned. Similarly, because conspiratorial and accomplice
liability are charged and proven so often in the federal system, the guidelines
must define the scope of such liability in determining sentences. The
point is that in some way, the federal sentencing guidelines must define the
conduct to be considered at sentencing beyond the elements of the offense."

The government has played an interesting game with regard to
the murder for hire charges. When Ulbricht
was first arrested, the government trumpeted the murder for hire charges and
they figured prominently in initial press accounts. The takedown of Silk Road was headline news
around the world largely thanks to these salacious allegations. The Federal Bureau of Investigation's (FBI)
claims that Ulbricht carried out six shocking murder for hire plots seemed to
seal his fate in the eyes of the public. When Ulbricht was first presented as the man
behind Silk Road, the word "murder" was printed prominently right next to his
face.

The murder allegations were even used by the government to
deny Ulbricht bail. Yet murder charges were
never even filed in the case. Instead,
the indictment omitted these charges without explanation and buried them within
a lesser drug trafficking charge. This
move, likely calculated, allows the government to sentence Ulbricht as a
conspirator in a murder plot without even having to file such charges and
without affording him a meaningful opportunity for rebuttal.

In order to factor the murder charges into the sentence, all
the sentencing judge needs to do is find by a preponderance of the evidence
that Ulbricht committed these acts.
Reasonable doubt, the level of proof required for criminal trials in the
U.S., has no bearing. It merely has to
be, in the court's opinion, more likely than not that he committed the acts.

Barry Scott Sussman- Born and raised in New Jersey. Graduated from Rutgers University with a BA in Sociology. Graduated with a JD from the Benjamin Cardozo School of Law specializing in Federal Criminal Procedure and Federal Prosecutorial (more...)

"Rob Kall's book is amazing. He's created a real breakthrough, visionary how-to for a sustainable, quality future. Like Saul Alinski's Rules for Radicals, this book is destined to become a classic must-read for all those concerned with social, economic, and environmental justice in today's interconnected world. Story shapes the world and our world needs new stories if we are to survive and thrive. The story of the bottom-up evolution and revolution is one that can change individuals, groups, businesses, religions, and governments for the positive as it shows how bottom-up inclusiveness, connectedness, collaboration, empathy, innovation, and freeform creativity can help unleash the great potentials for good inherent in our very nature. If you want to improve things in your world and the world, first read this book, then apply the suggestions. Change is sure to come."

Pamela Jaye Smith, mythologist and author of InnerDrives, Power of the Dark Side, Symbols* Images* Codes* and award-winning writer-producer-director

Author Mark Taliano combines years of research with on-the-ground observations to present an informed and well-documented analysis that refutes the mainstream media narrative.